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Monday, March 19, 2007

Appellate Practice Tip of the Week: "Clearly"

The North Dakota Supreme Court posts an "Appellate Practice Tip of the Week" on its website, along with other helpful information for attorneys and members of the public. This week's Appellate Practice Tip is:

The word "clearly" is no substitute for authority or logic.

There are also tips specific to the record, stays, briefs, the appendix, mootness, oral argument, petitions for rehearing, and the Administrative Agencies Practice Act. Some other Appellate Practice Tips to consider as you finalize your brief:

Never use many words when a few will do. A longer brief is not necessarily a better brief.

Make sure cases and statutes are cited correctly. Make sure cases cited are still good law.

At the end of your brief, state clearly and concisely what specific action you are seeking from the appellate court.